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What are the potential outcomes of a merger control investigation in the Ukraine?
The Anti-monopoly Committee’s (AMC) clearance decision can be made conditional on the parties' undertaking to perform – or refrain from performing – certain actions aimed at removing or mitigating the negative impact of the concentration on the market competition, which may be either:
- structural (eg, divestitures); or
- behavioural (eg, restrictions on the use or management of certain assets or price increases).
Remedies and the relevant procedures are not comprehensively regulated by Ukrainian law and are usually negotiated with the AMC on a case-by-case basis. In practice, remedies are usually offered and discussed during Phase II.
Remedies cannot normally be accepted to prevent the initiation of Phase II review or to obtain a conditional Phase I clearance. Once the AMC has identified competition concerns, it is procedurally required to initiate Phase II.
When issuing a conditional clearance, the AMC may also impose reporting requirements to monitor compliance; this usually covers a three-year period.
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